Reference no: EM13960906

Question 1: If a settlement agreement cannot be reached with the OSHA Area Director, a Notice of Contest of the citation or penalty must be filed with the Secretary of Labor within what period of time to preserve any right to challenge the citation?

10 working days

15 working days

30 working days

60 working days

Question 2: What section of the OSH Act provides that any party adversely affected by an OSHA standard may seek pre-enforcement judicial review by filing a petition prior to 60 days after promulgation of the final rule?

Section 6 (f)

Section 8 (e)

Section 8 (c)

Section 7 (f)

Question 3: If the violation is determined by OSHA to be willful, the penalty range will be from _____ to ______.

$5,000; $70,000

$7,000; $70,000

$10,000; $100,000

$10,000; $50,000

Question 4: In the OSHA area, the applicability of criminal charges is restricted to narrow circumstances. Which of the following is not one of those circumstances?

If an individual gives advanced notice of an inspection

If an employer's willful violation of an OSHA standard results in the death of an employee

If an individual or employer knowingly makes any false statement, representation, or certification under the OSH Act

If an OSHA designated employee or contractor does not show proper identification upon entering a private company's premises

Question 5: Under the APA, courts will not set aside an agency decision unless it is all of the following except which one?

unsupported by substantial evidence

in alignment with constitutional immunity

without observation of procedure required by law

arbitrary, capricious or otherwise not in accordance with law

Question 6: What is it known as when OSHA issues a separate citation for each instance of a violation?

Repeat violations

Egregious penalty policy

Willful and serious violations

De Maximus violations

Question 7: If a citation is determined by OSHA to be for a serious violation, penalties can be assessed for up to what amount singly or for each violation?

$5,000

$7,000

$10,000

$25,000

Question 8: Which of the following is not a standard citation for an OSHA violation?

Criminal violation

Other than serious violations

Serious violations

Willful violations

Question 9: In what case did the court overturn a Commission decision on grounds that the decision was speculative and not supported by substantial evidence in the record?

CH2M Hill v. OSHRC

Penn-Dixie v. OSHRC

Oil, Chem. & Atomic Workers v. OSHRC

Austin Road v. OSHRC

Question 10: All of the following are characteristics of the OSHA citation except which one?

It must be in writing.

It must describe in detail the nature of the violation alleged.

It will also state the abatement period.

It can be issued anytime up until 1 year from the alleged violation.

Question 11: What are the important findings in Austin Road Co. v. OSHRC and Builders Steel Co. v. Marshall?

Question 12: Discuss and assess the potential for multiplied penalties for egregious violations.